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The Directorate General for Legal Certainty and Public Faith examines the suspension of the registration of a deed of sale for an undivided share of a rural estate. The ruling highlights that the successive transfer of undivided shares to different buyers may constitute illegal subdivision with urban planning intent, even if the undivided nature of the estate is maintained. It emphasises the need to prove a subdivision licence or a declaration of non-necessity when there are indications of such activities (Art. 78 RD 1093/1997).
Buyers of undivided shares in rural land face the risk of the Land Registry suspending the registration of their deeds if signs of illegal subdivision are detected. Commercial entities carrying out successive sales of parts of the same rural estate to different individuals could face registration blocks. To avoid being classified as urban planning fraud, it is necessary to provide proof of a municipal subdivision licence or a declaration of its non-necessity.
The tax team reviews your specific situation.
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